Hayden J. Nix v. State of Indiana

<p>FILED Oct 26 2020, 10:06 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Susan D. Rayl Curtis T. Hill, Jr. Michael Ray Smith Attorney General of Indiana Hand Ponist Horvath Smith &amp; Rayl Indianapolis, Indiana Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Hayden J. Nix, October 26, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-521 v. Appeal from the Hancock Superior Court State of Indiana, The Honorable Terry K. Snow, Appellee-Plaintiff. Judge Pro Tempore Trial Court Cause No. 30D01-1901-F3-209 Najam, Judge. Statement of the Case [1] Hayden J. Nix appeals his conviction for rape, as a Level 3 felony, following a jury trial. Nix raises four issues for our review, which we restate as the following three issues: Court of Appeals of Indiana | Opinion 20A-CR-521 | October 26, 2020 Page 1 of 13 1. Whether Nix preserved for appellate review his arguments that he was denied an impartial jury and that the trial court erred when it denied his motion for a change of venue. 2. Whether the trial court committed fundamental error when it did not sua sponte prohibit the State from asking certain questions of witnesses, which Nix asserts amounted to a drumbeat repetition of the victim’s testimony. 3. Whether the trial court abused its discretion when it denied Nix’s motion for funds to hire a mitigation specialist to aid his defense at sentencing. [2] We affirm. Facts and Procedural History [3] In October of 2017, when they were freshmen at New Palestine High School and on fall break, fourteen-year-old R. and her friend B. went to a party together. As R. and B. could not drive, they enlisted the assistance of a male acquaintance from the high school, E., who drove the two girls to the party. After a few hours, the girls wanted to leave, but E. was “unable to drive.” Tr. Vol. II at 109. E. then asked his friend, Nix, whom the girls did not know, to drive all three of them home. [4] Around 3:00 a.m., Nix drove the three of them to E.’s house first. There, E. got out of the car, and B. also got out of the car to use the restroom. Nix then moved from the driver’s seat to the backseat with R. He began touching R.’s Court of Appeals of Indiana | Opinion 20A-CR-521 | October 26, 2020 Page 2 of 13 legs and ignored her requests for him to stop. Nix then forced himself on top of R., removed both of their pants, held her down, and raped her. During the attack, R. was “yelling.” Id. at 120. She was able to open the nearest car door “[t]wice,” but Nix “was able to pull it shut before [R.] could get it open all the way.” Id. at 139-40. [5] Meanwhile, E. told B. that they had to enter his house through the back door. When the two arrived at ...</p><br>
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